Pubdate: Thu, 08 Feb 2007 Source: News Review, The (CN SN) Copyright: 2007 Yorkton News Review Contact: http://www.yorktonnews.com/ Details: http://www.mapinc.org/media/4047 Author: Karl Kopan WALKER FILES HIS APPEAL Kim Walker's lawyer, Saskatoon's Morris Bodnar, made good on his comments during the recent trial there would be grounds to file an appeal for his client on several levels. This follows Bodnar arguing legal grounds for a mis-trial on the second last day of the trial. The jury was still away deliberating and following instructions given to it's members by Justice Jennifer Pritchard, which did not include the possibility of an acquittal. Bodnar pointed out this is a mistake in law given a recent Supreme Court of Canada decision which says removing this option takes away the principle of the presumption of innocence until proven guilty. The Canadian case law ruling was brought to the attention of lawyers and the court after a journalist covering the Yorkton trial asked Bodnar about it. All sides knew there was much at stake if the decision for a mistrial was granted, and also if the jury was called in to have new instructions issued to them. Justice Pritchard decided to leave the jury deliberate as they had been for nearly two days. The very next day the four man, eight woman jury found Kim Walker guilty of Second Degree Murder in the death of James Hayward, a 24- year-old Yorkton man who was living with Walker's then 16-year-old daughter Jadah. Testimony in the trial said Hayward made his income through the trafficking of drugs and he and Walker's daughter both had severe addictions to morphine at the time of the shooting. Walker was sentenced to life in prison without eligibility for parole for 10 years. According to the notice filed Friday at the Saskatchewan Court of Appeal, Walker is appealing on several grounds. One says the trial judge erred while issuing instructions to the jury which indicated members could only return with a conviction on one of three charges, excluding the option of not guilty. The appeal also contends an error in law was made by not granting the defence its motion for a mistrial on these same grounds. He also contends the trial judge made an error in law by not putting the option of self defence before the jury for consideration. Bodnar also believes the evidence and weight of the evidence presented at the trial was not according to law. Bodnar looked more deeply into the course of the trial in determining other grounds for the appeal. He also raises a concern the judge did not allow Hayward's complete criminal record to be entered for the consideration of the jury, only the fact he had one previous conviction for trafficking. The trial was an extremely emotional time for both families involved. Their plight caught national attention while discussion among citizens of Yorkton and area seemed to be divided in some cases but ambiguous for others. Some say they don't know what they would do if they were in a similar situation. - --- MAP posted-by: Derek